Agency Information Collection Activities: OMB Control Number 1018-0102; National Wildlife Refuge Special Use Permit Applications and Reports, 27860-27863 [2017-12728]
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Arlette Mussington, Office of Policy,
Programs and Legislative Initiatives,
PIH, Department of Housing and Urban
Development, 451 7th Street SW.,
(L’Enfant Plaza, Room 2206),
Washington, DC 20410; telephone 202–
402–4109, (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Mussington.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: Grant
Drawdown Payment Request/LOCCS/
VRS Voice Activated.
OMB Approval Number: 2577–0166.
Type of Request: Extension of
currently approved collection.
Form Numbers: 50080–CFP; 50080–
NN, RSDE, RSDF, SC; 50080–PHTA;
50080–URP; 50080–FSS; 50080–IHBG;
50080–HOMI; 50080–TIHD.
Description of the need for the
information and proposed use: Grant
recipients use the applicable payment
information to request funds from HUD
through the LOCCS/VRS voice activated
system. The information collected on
the payment voucher will also be used
as an internal control measure to ensure
the lawful and appropriate
disbursement of Federal funds as well
as provide a service to program
recipients.
Respondents: PHAs, state or local
government. Tribes and tribally
designated housing entities.
Frequency of
responses
(drawdowns
annually
per program)
Capital Fund .....................................................
Operating Fund .................................................
50080–CFP
50080–
OFND.
50080–
RSDE.
50080–RSDF
3,100
3,100
46,500
85,200
.25 hours .....
.25 hours .....
11,625
21,300
5
14
.25 hours .....
3.5
5
28
.25 hours .....
7
50080–SC ...
482
5,784
.25 hours .....
1,446
50080–PHTA
50080–URP
50080–FSS
50080–IHBG
50080–HOMI
50080–TIHD
12
100
700
361
5
32
134
1,020
8,400
4,332
60
384
.25
.25
.25
.25
.25
.25
.....
.....
.....
.....
.....
.....
33.5
255
2,100
83
15
96
.....................
4,802
151,856
.....................
36,964
Resident Opportunities and Supportive Services (ROSS) RSDE.
Resident Opportunities and Supportive Services (ROSS) RSDF.
Resident Opportunities and Supportive Services (ROSS) SC.
Public Housing Technical Assistance ...............
Hope VI .............................................................
Family Self-Sufficiency .....................................
Indian Housing Block Grant ..............................
Indian HOME ....................................................
Traditional Indian Housing Development .........
asabaliauskas on DSKBBXCHB2PROD with NOTICES
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
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Number of
respondents
Time per
response
(15 minutes
each)
Grant program
Form 50080–
XXXX
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: June 7, 2017.
Merrie Nichols-Dixon,
Director, Office of Policy, Programs and
Legislative Initiatives.
[FR Doc. 2017–12719 Filed 6–16–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–RF–2017–N076;
FXRS12630900000–167–FF09R81000]
Agency Information Collection
Activities: OMB Control Number 1018–
0102; National Wildlife Refuge Special
Use Permit Applications and Reports
AGENCY:
Fish and Wildlife Service,
Interior.
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ACTION:
hours
hours
hours
hours
hours
hours
Burden hours
Notice; request for comments.
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. This
IC is scheduled to expire on June 30,
2017. We may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: To ensure that we are able to
consider your comments on this IC, we
must receive them by July 19, 2017.
ADDRESSES: Send your comments and
suggestions on this information
collection to the Desk Officer for the
Department of the Interior at OMB–
OIRA at (202) 395–5806 (fax) or OIRA_
SUMMARY:
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
Submission@omb.eop.gov (email).
Please provide a copy of your comments
to the Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS: BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail); or info_coll@fws.gov
(email). Please include ‘‘1018–0102’’ in
the subject line of your comments. You
may review the ICR online at https://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
FOR FURTHER INFORMATION CONTACT:
Service Information Collection
Clearance Officer, at info_coll@fws.gov
(email) or (703) 358–2503 (telephone).
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
I. Abstract
The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee) (Administration Act), as
amended by the National Wildlife
Refuge System Improvement Act of
1997, consolidated all refuge units into
a single National Wildlife Refuge
System (System). It also authorized us to
offer visitor and public programs,
including those facilitated by
commercial visitor and management
support services, on lands of the System
when we find that the activities are
appropriate and compatible with the
purpose(s) for which the refuge was
established and the System’s mission.
The Refuge Recreation Act of 1962 (16
U.S.C. 460k–460k–4) (Recreation Act)
allows the use of refuges for public
recreation when it is not inconsistent or
does not interfere with the primary
purpose(s) of the refuge. The Alaska
National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.) (ANILCA)
provides specific authorization and
guidance for the administration and
management of national wildlife refuges
within the State of Alaska. Its provisions
provide for the issuance of permits
under certain circumstances.
We issue special use permits for a
specific period as determined by the
type and location of the management
activity or visitor service provided.
These permits authorize activities such
as:
• Agricultural activities (haying and
grazing, 50 CFR 29.1 and 29.2).
• Beneficial management tools that
we use to provide the best habitat
possible on some refuges (50 CFR 30.11,
31.14, 31.16, and 36.41).
• Special events, group visits and
other one-time events (50 CFR 25.41,
25.61, 26.36, and 36.41).
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• Recreational visitor service
operations (50 CFR 25.41, 25.61, and
36.41).
• Guiding for fishing, hunting,
wildlife education, and interpretation
(50 CFR 25.41 and 36.41).
• Commercial filming (43 CFR 5, 50
CFR 27.71) and other commercial
activities (50 CFR 29.1 and 36.41).
• Building and using cabins to
support subsistence or commercial
activities (in Alaska) (50 CFR 26.35 and
36.41).
• Research, inventory and
monitoring, and other noncommercial
activities (50 CFR 26.36 and 36.41).
We use three forms to collect
applicant information:
• FWS Form 3–1383–G (General
Activities Special Use Application).
• FWS Form 3–1383–C (Commercial
Activities Special Use Application).
• FWS Form 3–1383–R (Research and
Monitoring Special Use Application).
The information we collect helps
ensure that: (1) Applicants are aware of
the types of information that may be
needed for permit issuance; (2)
requested activities are appropriate and
compatible with the purpose(s) for
which the refuge was established and
the System’s mission; and (3) the
applicant is eligible or is the most
qualified applicant to receive the special
use permit.
We may collect the necessary
information in a non-form format
(through discussions in person or over
the phone, over the Internet, by email,
or by letter). In some instances,
respondents will be able to provide
information verbally. Often, a simple
email or letter describing the activity
will suffice. For activities (e.g.,
commercial visitor services, research,
etc.) that might have a large impact on
refuge resources, we may require
applicants to provide more detail on
operations, techniques, and locations.
Because of the span of activities covered
by special use permits and the different
management needs and resources at
each refuge, respondents may not be
required to answer all questions.
Depending on the requested activity,
refuge managers have the discretion to
ask for less information than appears on
the forms. However, refuge managers
must not ask for more or different
information.
We issue permits for a specific period
as determined by the type and location
of the use or service provided. We use
these permits to ensure that the
applicant is aware of the requirements
of the permit and his/her legal rights.
Refuge-specific special conditions may
be required for the permit. We identify
conditions as an addendum to the
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permit. Most of the special conditions
pertain to how a permitted activity may
be conducted and do not require the
collection of information. However,
some special conditions, such as
activity reports, before and after site
photographs, or data sharing, would
qualify as an information collection, and
we have included the associated burden
below.
II. Data
OMB Control Number: 1018–0102.
Title: National Wildlife Refuge
Special Use Permit Applications and
Reports, 50 CFR 25, 26, 27, 29, 30, 31,
32, & 36.
Service Form Number(s): 3–1383–G,
3–1383–C, and 3–1383–R.
Type of Request: Revision of a
currently approved collection.
Description of Respondents:
Individuals and households; businesses
and other for-profit organizations;
nonprofit organizations; farms; and
State, local, or tribal governments.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for applications; annually or on
occasion for reports.
Estimated Number of Annual
Responses: 7,865.
Estimated Completion Time per
Response: Varies from 30 minutes to 4
hours, depending on activity.
Estimated Annual Burden Hours:
16,756.
Estimated Annual Non-hour Burden
Cost: $270,300 for fees associated with
applications for commercial use
activities ($100.00 × an estimated 2,703
applications).
III. Comments
On February 24, 2017, we published
in the Federal Register (82 FR 11601) a
notice of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on April 25, 2017. We
received two comments in response to
that Notice:
Comment 1: A respondent
commented on the authorities and
regulations that allow for certain
commercial activities on wildlife
refuges (specifically haying/grazing/
farming and cabin rentals) and the fees
that are charged, but not on the
application forms themselves.
FWS Response to Comment 1: The
National Wildlife Refuge System
Administration Act at 16 U.S.C.
668dd(a)(1) authorizes us to permit
public accommodations, including
commercial visitor services, on lands of
the System when we find that these
activities are compatible and
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
appropriate with the purpose for which
the refuge was established. The
respondent did not address the
information collection, and we did not
make any changes to our requirements.
Comment 2: A second respondent
provided the following comment:
(1) The information collected is not
necessary because it appears not to be
a lawfully authorized request. Although
it is difficult to know which law cited
by the FWS is applicable to which CFR
given because the Federal Registry entry
does not appear to comply with FR
requirements for specificity, see 1 CFR
21 and 22. Regardless none of the laws
cited; 16 U.S.C. 668dd–668ee, 16 U.S.C.
460k–460k–4, 6 U.S.C. 3101 et seq. (it is
unclear what ‘‘et seq.’’ is referring to)
appear relevant at a minimum to Form
3–1383–C.
The 16 U.S.C. 460k–460K–4 codes
(subchapter LXVIII) is entitled
‘‘NATIONAL CONSERVATION
RECREATIONAL AREAS’’, these parts
only concern recreation and do not even
use the word commercial, economic,
business, etc.
16 U.S.C. 668dd–668ee likewise
address recreation and management,
conservation, etc. but has no mention of
the word ‘‘commercial’’ or any other
type of ‘‘economic’’ activity.
16 U.S.C. 3101 speaks to the needs of
recreation and scientific purposes, et al.
but no mention of commercial,
economic or other business interests.
Therefore, the information requested
from form 3–1383–C regarding
‘‘Commercial Activities’’ would appear
not only unnecessary but also
unauthorized based on the authorities
cited.
Even the statement in Section I
(Abstract) appears to acknowledge this
fact: ‘‘We issue special use permits for
a specific period as determined by the
type and location of the management
activity or visitor service provided.’’ No
mention of commercial activities.
(2) 29 CFR 29.1 is mentioned as both
an agricultural activity and a
commercial activity, however none of
the statutory authority cited mentions
anything to do with agricultural activity
or commercial activity. Nor do they
mention these activities as ‘‘permitable’’
activities. Therefore, the informational
requests regarding 29 CFR 29.1 in
regards to forms 3–1383–C would also
appear unnecessary and also not
authorized by the authorities cited.
(3) 29 CFR 29.2 is mentioned as a
farming activity however the regulation
itself is clearly a ‘‘management activity’’
using various methods to achieve the
management:
‘‘§ 29.2 Cooperative land management.
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Cooperative agreements with persons
for crop cultivation, haying, grazing, or
the harvest of vegetative products,
including plant life, growing with or
without cultivation on wildlife refuge
areas may be executed on a share-inkind basis when such agreements are in
aid of or benefit to the wildlife
management of the area.’’
Just performing ‘‘agricultural
activities’’ does not necessarily bring the
activity within the realm of ‘‘wildlife
management’’ of the area. Regardless the
authorities cited do not cross to 50 CFR
29.2 and if they did it could only
authorize ‘‘cooperative agreements’’ not
Special Use Permits, therefore this
informational request must also be
considered not only unnecessary but
also not allowed by the authorities
cited.
(4) The informational requests within
the forms given make no mention of
how any potential commercial activity
would comply with federal contracting
law. As written these type of
commercial activities would appear to
unlawfully escape the Competition in
Contract Act, Federal Acquisition
Regulations and a host of other legal
requirements like small business,
minority and disadvantaged groups,
wage requirements, etc. These types of
informational requests and notifications
would be required to be included within
any permitting form if not addressed
within other forms. Therefore, the
information requests appear to be
inadequate in this regard.
(5) Lastly, the informational requests
in the forms do not appear to comport
with 1 CFR part 21 and 22 regarding
authority citations. Specifically, the
forms do not indicate the specific
authority delegated by statute nor do
they indicate any delegation from the
Secretary of the Interior to the FWS, e.g.
‘‘The provisions of this subchapter and
any such regulation shall be enforced by
any officer or employee of the United
States Fish and Wildlife Service
designated by the Secretary of the
Interior.’’ 16 U.S.C. 460k–3
FWS Response to Comment 2: We
forwarded Comment 2 to the DOI
Solicitor’s Office for review based on Jay
H. questioning the authority under the
cited statutes for the Service to collect
information under FWS Form 3–1383–
C (Commercial Activities Special Use
Application). The requester did not
believe that the FWS possessed the
authority to act for the Secretary under
the cited statutes, and did not believe
that the cited statutes authorized the
issuance of permits for commercial
activities on national wildlife refuges.
The following response to Comment 2
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was provided by the DOI Solicitor’s
Office:
‘‘The National Wildlife Refuge System
Administration Act (NWRSAA), at 16
U.S.C. 668dd(a)(1), states that the
National Wildlife Refuge System
(NWRS), ‘‘. . . shall be administered by
the Secretary through the United States
Fish and Wildlife Service.’’ The
Secretary (through the FWS) is
authorized, under such regulations as he
may prescribe, to, ‘‘. . . permit the use
of any area within the System for any
purpose . . . whenever he determines
that such uses are compatible with the
major purposes for which the areas were
established. (16 U.S.C. 668dd(d)(1)(A).
The term, ‘‘compatible use,’’ is defined,
at 16 U.S.C. 668ee(1), to mean, ‘‘. . . a
wildlife-dependent recreational use or
any other use of a refuge that, in the
sound professional judgement of the
Director, will not materially interfere
with or detract from the fulfillment of
the mission of the System or the
purposes of the refuge.’’
The two other statutes cited in the
Federal Register notice are, 16 U.S.C.
460k–3, which refers to the authority to
manage national wildlife refuges, among
other conservation areas, and 16 U.S.C.
3101 et seq., which refers to
management provisions for national
wildlife refuges in Alaska. In both
instances, the FWS has been charged
with managing such wildlife refuges
through the provision in the NWRSAA
which states that the system shall be
managed by the Secretary through the
FWS.
Among the regulations prescribed for
management of the NWRS is 50 CFR
29.1, which specifically states that the
FWS, ‘‘. . . may authorize economic use
by appropriate permit only when we
(FWS officials) have determined the use
on a national wildlife refuge to be
compatible.’’ That regulatory provision
also cites to 16 U.S.C. 715s, which
confirms Congress’s intent that
economic uses on national wildlife
refuges may be permitted, directing for
the deposit of, ‘‘. . . all revenues
received . . . from the sale or other
disposition of animals, salmonoid
carcasses, timber, hay, grass, or other
products of the soil, minerals, shells,
sand, or gravel, from other privileges, or
from leases of public accommodations
or facilities incidental to but not in
conflict with the basic purposes for
which those areas of the National
Wildlife Refuge System were
established.’’
Clearly the Secretary’s authority to
manage the NWRS is delegated to the
FWS, by the language of the NWRSAA
cited above, and the FWS has the broad
authority under the NWRSAA to permit
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
commercial uses within national
wildlife refuges which are compatible
with the purpose for which an
individual refuge was established and
the purposes of the NWRS.’’
DEPARTMENT OF THE INTERIOR
IV. Request for and Availability of
Public Comments
Agency Information Collection
Activities: OMB Control Number 1018–
0023; Migratory Bird Harvest
Information Program and Migratory
Bird Surveys
We again invite comments concerning
this information collection on:
• Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;
• The accuracy of our estimate of the
burden for this collection of
information;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected; and
• Ways to minimize the burden of the
collection of information on
respondents.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment, including your personal
identifying information, may be made
publicly available at any time. While
you can ask OMB in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that it will be done.
V. Authorities
The authorities for this action are the
National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee), as amended by the
National Wildlife Refuge System
Improvement Act of 1997; Refuge
Recreation Act of 1962 (16 U.S.C. 460k–
460k–4); Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et
seq.); and the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Dated: June 14, 2017.
Madonna L. Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
Fish and Wildlife Service
[FWS–HQ–MB–2017–N077;
FXMB12310900WHO–178–FF09M26000]
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. This
IC is scheduled to expire on June 30,
2017. We may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: You must submit comments on
or before July 19, 2017.
ADDRESSES: Send your comments and
suggestions on this information
collection to the Desk Officer for the
Department of the Interior at OMB–
OIRA at (202) 395–5806 (fax) or OIRA_
Submission@omb.eop.gov (email).
Please provide a copy of your comments
to the Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS: BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail), or Info_Coll@fws.gov
(email). Please include ‘‘1018–0023’’ in
the subject line of your comments. You
may review the ICR online at https://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2017–12728 Filed 6–16–17; 8:45 am]
Service Information Collection
Clearance Officer, at info_coll@fws.gov
(email) or (703) 358–2503 (telephone).
SUPPLEMENTARY INFORMATION:
BILLING CODE 4333–15–P
I. Abstract
The Migratory Bird Treaty Act (16
U.S.C. 703–711) and the Fish and
Wildlife Act of 1956 (16 U.S.C. 742d)
designate the Department of the Interior
as the key agency responsible for (1) the
wise management of migratory bird
populations frequenting the United
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27863
States, and (2) setting hunting
regulations that allow appropriate
harvests that are within the guidelines
that will allow for those populations’
well-being. These responsibilities
dictate that we gather accurate data on
various characteristics of migratory bird
harvest. Based on information from
harvest surveys, we can adjust hunting
regulations as needed to optimize
harvests at levels that provide a
maximum of hunting recreation while
keeping populations at desired levels.
Under 50 CFR 20.20, migratory bird
hunters must register for the Migratory
Bird Harvest Information Program (HIP)
in each State in which they hunt each
year. State natural resource agencies
must send names and addresses of all
migratory bird hunters to Branch of
Harvest Surveys, U.S. Fish and Wildlife
Service Division of Migratory Bird
Management, on an annual basis.
The Migratory Bird Hunter Survey is
based on the Migratory Bird Harvest
Information Program. We randomly
select migratory bird hunters and ask
them to report their harvest. The
resulting estimates of harvest per hunter
are combined with the complete list of
migratory bird hunters to provide
estimates of the total harvest for the
species surveyed.
The Parts Collection Survey estimates
the species, sex, and age composition of
the harvest, and the geographic and
temporal distribution of the harvest.
Randomly selected successful hunters
who responded to the Migratory Bird
Hunter Survey the previous year are
asked to complete and return a postcard
if they are willing to participate in the
Parts Collection Survey. We provide
postage-paid envelopes to respondents
before the hunting season and ask them
to send in a wing or the tail feathers
from each duck or goose that they
harvest, or a wing from each mourning
dove, woodcock, band-tailed pigeon,
snipe, rail, or gallinule that they harvest.
We use the wings and tail feathers to
identify the species, sex, and age of the
harvested sample. We also ask
respondents to report on the envelope
the date and location of harvest for each
bird. We combine the results of this
survey with the harvest estimates
obtained from the Migratory Bird
Hunter Survey to provide speciesspecific national harvest estimates.
The combined results of these surveys
enable us to evaluate the effects of
season length, season dates, and bag
limits on the harvest of each species,
and thus help us determine appropriate
hunting regulations.
The Sandhill Crane Harvest Survey is
an annual questionnaire survey of
people who obtained a sandhill crane
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]]>Agencies
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27860-27863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12728]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-RF-2017-N076; FXRS12630900000-167-FF09R81000]
Agency Information Collection Activities: OMB Control Number
1018-0102; National Wildlife Refuge Special Use Permit Applications and
Reports
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice; request for comments.
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SUMMARY: We (U.S. Fish and Wildlife Service) will ask the Office of
Management and Budget (OMB) to approve the information collection (IC)
described below. As required by the Paperwork Reduction Act of 1995 and
as part of our continuing efforts to reduce paperwork and respondent
burden, we invite the general public and other Federal agencies to take
this opportunity to comment on this IC. This IC is scheduled to expire
on June 30, 2017. We may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
currently valid OMB control number.
DATES: To ensure that we are able to consider your comments on this IC,
we must receive them by July 19, 2017.
ADDRESSES: Send your comments and suggestions on this information
collection to the Desk Officer for the Department of the Interior at
OMB-OIRA at (202) 395-5806 (fax) or
[[Page 27861]]
OIRA_Submission@omb.eop.gov (email). Please provide a copy of your
comments to the Service Information Collection Clearance Officer, U.S.
Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church,
VA 22041-3803 (mail); or info_coll@fws.gov (email). Please include
``1018-0102'' in the subject line of your comments. You may review the
ICR online at https://www.reginfo.gov. Follow the instructions to review
Department of the Interior collections under review by OMB.
FOR FURTHER INFORMATION CONTACT: Service Information Collection
Clearance Officer, at info_coll@fws.gov (email) or (703) 358-2503
(telephone).
SUPPLEMENTARY INFORMATION:
I. Abstract
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee) (Administration Act), as amended by the National
Wildlife Refuge System Improvement Act of 1997, consolidated all refuge
units into a single National Wildlife Refuge System (System). It also
authorized us to offer visitor and public programs, including those
facilitated by commercial visitor and management support services, on
lands of the System when we find that the activities are appropriate
and compatible with the purpose(s) for which the refuge was established
and the System's mission. The Refuge Recreation Act of 1962 (16 U.S.C.
460k-460k-4) (Recreation Act) allows the use of refuges for public
recreation when it is not inconsistent or does not interfere with the
primary purpose(s) of the refuge. The Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) (ANILCA) provides specific
authorization and guidance for the administration and management of
national wildlife refuges within the State of Alaska. Its provisions
provide for the issuance of permits under certain circumstances.
We issue special use permits for a specific period as determined by
the type and location of the management activity or visitor service
provided. These permits authorize activities such as:
Agricultural activities (haying and grazing, 50 CFR 29.1
and 29.2).
Beneficial management tools that we use to provide the
best habitat possible on some refuges (50 CFR 30.11, 31.14, 31.16, and
36.41).
Special events, group visits and other one-time events (50
CFR 25.41, 25.61, 26.36, and 36.41).
Recreational visitor service operations (50 CFR 25.41,
25.61, and 36.41).
Guiding for fishing, hunting, wildlife education, and
interpretation (50 CFR 25.41 and 36.41).
Commercial filming (43 CFR 5, 50 CFR 27.71) and other
commercial activities (50 CFR 29.1 and 36.41).
Building and using cabins to support subsistence or
commercial activities (in Alaska) (50 CFR 26.35 and 36.41).
Research, inventory and monitoring, and other
noncommercial activities (50 CFR 26.36 and 36.41).
We use three forms to collect applicant information:
FWS Form 3-1383-G (General Activities Special Use
Application).
FWS Form 3-1383-C (Commercial Activities Special Use
Application).
FWS Form 3-1383-R (Research and Monitoring Special Use
Application).
The information we collect helps ensure that: (1) Applicants are
aware of the types of information that may be needed for permit
issuance; (2) requested activities are appropriate and compatible with
the purpose(s) for which the refuge was established and the System's
mission; and (3) the applicant is eligible or is the most qualified
applicant to receive the special use permit.
We may collect the necessary information in a non-form format
(through discussions in person or over the phone, over the Internet, by
email, or by letter). In some instances, respondents will be able to
provide information verbally. Often, a simple email or letter
describing the activity will suffice. For activities (e.g., commercial
visitor services, research, etc.) that might have a large impact on
refuge resources, we may require applicants to provide more detail on
operations, techniques, and locations. Because of the span of
activities covered by special use permits and the different management
needs and resources at each refuge, respondents may not be required to
answer all questions. Depending on the requested activity, refuge
managers have the discretion to ask for less information than appears
on the forms. However, refuge managers must not ask for more or
different information.
We issue permits for a specific period as determined by the type
and location of the use or service provided. We use these permits to
ensure that the applicant is aware of the requirements of the permit
and his/her legal rights. Refuge-specific special conditions may be
required for the permit. We identify conditions as an addendum to the
permit. Most of the special conditions pertain to how a permitted
activity may be conducted and do not require the collection of
information. However, some special conditions, such as activity
reports, before and after site photographs, or data sharing, would
qualify as an information collection, and we have included the
associated burden below.
II. Data
OMB Control Number: 1018-0102.
Title: National Wildlife Refuge Special Use Permit Applications and
Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36.
Service Form Number(s): 3-1383-G, 3-1383-C, and 3-1383-R.
Type of Request: Revision of a currently approved collection.
Description of Respondents: Individuals and households; businesses
and other for-profit organizations; nonprofit organizations; farms; and
State, local, or tribal governments.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for applications; annually or
on occasion for reports.
Estimated Number of Annual Responses: 7,865.
Estimated Completion Time per Response: Varies from 30 minutes to 4
hours, depending on activity.
Estimated Annual Burden Hours: 16,756.
Estimated Annual Non-hour Burden Cost: $270,300 for fees associated
with applications for commercial use activities ($100.00 x an estimated
2,703 applications).
III. Comments
On February 24, 2017, we published in the Federal Register (82 FR
11601) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on April 25, 2017. We received two comments in response to
that Notice:
Comment 1: A respondent commented on the authorities and
regulations that allow for certain commercial activities on wildlife
refuges (specifically haying/grazing/farming and cabin rentals) and the
fees that are charged, but not on the application forms themselves.
FWS Response to Comment 1: The National Wildlife Refuge System
Administration Act at 16 U.S.C. 668dd(a)(1) authorizes us to permit
public accommodations, including commercial visitor services, on lands
of the System when we find that these activities are compatible and
[[Page 27862]]
appropriate with the purpose for which the refuge was established. The
respondent did not address the information collection, and we did not
make any changes to our requirements.
Comment 2: A second respondent provided the following comment:
(1) The information collected is not necessary because it appears
not to be a lawfully authorized request. Although it is difficult to
know which law cited by the FWS is applicable to which CFR given
because the Federal Registry entry does not appear to comply with FR
requirements for specificity, see 1 CFR 21 and 22. Regardless none of
the laws cited; 16 U.S.C. 668dd-668ee, 16 U.S.C. 460k-460k-4, 6 U.S.C.
3101 et seq. (it is unclear what ``et seq.'' is referring to) appear
relevant at a minimum to Form 3-1383-C.
The 16 U.S.C. 460k-460K-4 codes (subchapter LXVIII) is entitled
``NATIONAL CONSERVATION RECREATIONAL AREAS'', these parts only concern
recreation and do not even use the word commercial, economic, business,
etc.
16 U.S.C. 668dd-668ee likewise address recreation and management,
conservation, etc. but has no mention of the word ``commercial'' or any
other type of ``economic'' activity.
16 U.S.C. 3101 speaks to the needs of recreation and scientific
purposes, et al. but no mention of commercial, economic or other
business interests.
Therefore, the information requested from form 3-1383-C regarding
``Commercial Activities'' would appear not only unnecessary but also
unauthorized based on the authorities cited.
Even the statement in Section I (Abstract) appears to acknowledge
this fact: ``We issue special use permits for a specific period as
determined by the type and location of the management activity or
visitor service provided.'' No mention of commercial activities.
(2) 29 CFR 29.1 is mentioned as both an agricultural activity and a
commercial activity, however none of the statutory authority cited
mentions anything to do with agricultural activity or commercial
activity. Nor do they mention these activities as ``permitable''
activities. Therefore, the informational requests regarding 29 CFR 29.1
in regards to forms 3-1383-C would also appear unnecessary and also not
authorized by the authorities cited.
(3) 29 CFR 29.2 is mentioned as a farming activity however the
regulation itself is clearly a ``management activity'' using various
methods to achieve the management:
``Sec. 29.2 Cooperative land management.
Cooperative agreements with persons for crop cultivation, haying,
grazing, or the harvest of vegetative products, including plant life,
growing with or without cultivation on wildlife refuge areas may be
executed on a share-in-kind basis when such agreements are in aid of or
benefit to the wildlife management of the area.''
Just performing ``agricultural activities'' does not necessarily
bring the activity within the realm of ``wildlife management'' of the
area. Regardless the authorities cited do not cross to 50 CFR 29.2 and
if they did it could only authorize ``cooperative agreements'' not
Special Use Permits, therefore this informational request must also be
considered not only unnecessary but also not allowed by the authorities
cited.
(4) The informational requests within the forms given make no
mention of how any potential commercial activity would comply with
federal contracting law. As written these type of commercial activities
would appear to unlawfully escape the Competition in Contract Act,
Federal Acquisition Regulations and a host of other legal requirements
like small business, minority and disadvantaged groups, wage
requirements, etc. These types of informational requests and
notifications would be required to be included within any permitting
form if not addressed within other forms. Therefore, the information
requests appear to be inadequate in this regard.
(5) Lastly, the informational requests in the forms do not appear
to comport with 1 CFR part 21 and 22 regarding authority citations.
Specifically, the forms do not indicate the specific authority
delegated by statute nor do they indicate any delegation from the
Secretary of the Interior to the FWS, e.g. ``The provisions of this
subchapter and any such regulation shall be enforced by any officer or
employee of the United States Fish and Wildlife Service designated by
the Secretary of the Interior.'' 16 U.S.C. 460k-3
FWS Response to Comment 2: We forwarded Comment 2 to the DOI
Solicitor's Office for review based on Jay H. questioning the authority
under the cited statutes for the Service to collect information under
FWS Form 3-1383-C (Commercial Activities Special Use Application). The
requester did not believe that the FWS possessed the authority to act
for the Secretary under the cited statutes, and did not believe that
the cited statutes authorized the issuance of permits for commercial
activities on national wildlife refuges. The following response to
Comment 2 was provided by the DOI Solicitor's Office:
``The National Wildlife Refuge System Administration Act (NWRSAA),
at 16 U.S.C. 668dd(a)(1), states that the National Wildlife Refuge
System (NWRS), ``. . . shall be administered by the Secretary through
the United States Fish and Wildlife Service.'' The Secretary (through
the FWS) is authorized, under such regulations as he may prescribe, to,
``. . . permit the use of any area within the System for any purpose .
. . whenever he determines that such uses are compatible with the major
purposes for which the areas were established. (16 U.S.C.
668dd(d)(1)(A). The term, ``compatible use,'' is defined, at 16 U.S.C.
668ee(1), to mean, ``. . . a wildlife-dependent recreational use or any
other use of a refuge that, in the sound professional judgement of the
Director, will not materially interfere with or detract from the
fulfillment of the mission of the System or the purposes of the
refuge.''
The two other statutes cited in the Federal Register notice are, 16
U.S.C. 460k-3, which refers to the authority to manage national
wildlife refuges, among other conservation areas, and 16 U.S.C. 3101 et
seq., which refers to management provisions for national wildlife
refuges in Alaska. In both instances, the FWS has been charged with
managing such wildlife refuges through the provision in the NWRSAA
which states that the system shall be managed by the Secretary through
the FWS.
Among the regulations prescribed for management of the NWRS is 50
CFR 29.1, which specifically states that the FWS, ``. . . may authorize
economic use by appropriate permit only when we (FWS officials) have
determined the use on a national wildlife refuge to be compatible.''
That regulatory provision also cites to 16 U.S.C. 715s, which confirms
Congress's intent that economic uses on national wildlife refuges may
be permitted, directing for the deposit of, ``. . . all revenues
received . . . from the sale or other disposition of animals, salmonoid
carcasses, timber, hay, grass, or other products of the soil, minerals,
shells, sand, or gravel, from other privileges, or from leases of
public accommodations or facilities incidental to but not in conflict
with the basic purposes for which those areas of the National Wildlife
Refuge System were established.''
Clearly the Secretary's authority to manage the NWRS is delegated
to the FWS, by the language of the NWRSAA cited above, and the FWS has
the broad authority under the NWRSAA to permit
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commercial uses within national wildlife refuges which are compatible
with the purpose for which an individual refuge was established and the
purposes of the NWRS.''
IV. Request for and Availability of Public Comments
We again invite comments concerning this information collection on:
Whether or not the collection of information is necessary,
including whether or not the information will have practical utility;
The accuracy of our estimate of the burden for this
collection of information;
Ways to enhance the quality, utility, and clarity of the
information to be collected; and
Ways to minimize the burden of the collection of
information on respondents.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment, including your personal
identifying information, may be made publicly available at any time.
While you can ask OMB in your comment to withhold your personal
identifying information from public review, we cannot guarantee that it
will be done.
V. Authorities
The authorities for this action are the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd-668ee), as amended
by the National Wildlife Refuge System Improvement Act of 1997; Refuge
Recreation Act of 1962 (16 U.S.C. 460k-460k-4); Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); and the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Dated: June 14, 2017.
Madonna L. Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2017-12728 Filed 6-16-17; 8:45 am]
BILLING CODE 4333-15-P
